Access and Rights - L2 Flashcards
What powers to Electricity companies have?
Under the Electricity Act 1989, licence holders have compulsory purchase powers, however usually negotiate a wayleave or easement).
What is the main difference between the powers of electricity companies and water companies?
Water companies can just serve notice to lay pipes and enter for surveying under Water Industry Act 1991, as amended by the Water Act 2003.
What notice would a water company serve to lay a pipe on private land?
s159 notice, giving 3 months notice for new pipes and 42 days notice for works to existing, unless in an emergency.
What notice would a water company serve to compulsorily purchase land?
s155 notice.
What is the difference between an easement and a wayleave?
An easement is an interest in property where one owner has a right for the benefit of his land (dominant tenement) over the land of another (servient tenement). It is likely to be a Deed, in perpetuity and registered with land registry. It is transferable in title.
A Wayleave is a right on, in, or over property, made with the property owner and is usually shorter term and terminable. Can serve NTQ and Notice to remove.
If a landowner serves Notice to remove on an electricity company, what can that company do?
Under schedule 4 of the Electricity Act 1989, the electricity company can apply for a necessary wayleave within 3 months.
What is a necessary wayleave?
Following a NTQ or NTR and failed negotiations, SoS can call a wayleave hearing to review the need for that equipment to be there in support of the electricity companies duties. Usually the landowner looses as the case is too strong for the equipment to be removed and the SoS awards a necessary Wayleave for a term certain (usually 15 years), which then becomes periodic.
What compensation can be payable by water companies?
Schedule 12 of the Water Industry Act 1991, as amended states that compensation should be paid for the depreciation in value of an interest in land (usually 50% of MV) and any other loss or damage. Reference should be made to Land Compensation Act 1961
What rules does the Land Compensation Act 1961 set out?
What powers do gas companies have?
Under Gas Act 1986, as amended in 1995, they can compulsorily purchase land and carry out street works. This is very limited so they usually negotiate an easement.
What compensation can be payable by gas companies?
Part II of Schedule 3 states that depreciation in land, as well as any damage should be compensated. Case law displays 85% of MV of area of easement. Compensation is payable for loss of turnover incurred by small businesses where works were over 28 days.
What compensation can be payable by electricity companies companies?
Schedule 3 for permanent easements, compensation is payable for land taken, severance and injurious affection and disturbance. Schedule 4 governs compensation for Wayleaves which is the same as above
How did you value the consideration for the private easement that you negotiated?
Valued the uplift in the value of the property due to the secondary access using comparable evidence £45,000, then used Stokes vs Cambridge as starting point, then pulled back to 1/5th as secondary and not essential. = £9,000
How did you determine the licence fee with Network Rail?
